1. Acceptance of these Terms

By accessing or using the website of Hearts to Homes Furnishings, Inc. (“Hearts to Homes”) at heartstohomes.org/ (the “Site”), you agree to be bound by these terms and conditions (“Terms”). If you do not agree to these Terms, you must not use the Site.

If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. About Us

Hearts to Homes (“Organization,” “we,” “us,” or “our”) is a nonprofit organization organized under the laws of the State of New York, with its principal place of business at 51 Lindbergh Place, Yonkers, NY 10707-2232

You may contact us at info@heartstohomes.org.

3. Eligibility and User Responsibilities

• You must be at least eighteen (18) years old to use the Site without parental consent.
• You agree to provide accurate, current, and complete information when you interact with our Site including, but not limited to, including donations, event registrations, and newsletter sign‑ups.
• You agree not to use the Site for any illegal, fraudulent, or unauthorized purpose.

4. Permitted and Prohibited Use

You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Interfere with or disrupt the operation or security of the Site.
• Attempt to gain unauthorized access to any portion of the Site, any accounts, or systems connected to the Site.
• Use the Site to transmit spam, solicitations, or malicious code.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We may suspend or terminate your access to the Site if we believe you have violated these Terms. In addition, Hearts to Homes reserves the right to suspend, limit, or terminate access to the Site, remove content, or take any other action it deems appropriate, at any time and for any reason or no reason, including to protect the Site, our users, or our organization.

5. Donations, Payments, and Refunds

If you make a donation or other payment through the Site:

• You authorize us and our payment processors to charge the payment method you provide for the applicable amount.
• You represent that you are authorized to use that payment method.
• Unless we clearly state otherwise in a specific campaign or program, all donations are non‑refundable charitable contributions to Hearts to Homes.

Hearts to Homes is a tax‑exempt organization under Section 501(c)(3) of the Internal Revenue Code. Contributions are tax‑deductible to the extent permitted by law. Hearts to Homes does not provide tax advice, and donors are responsible for determining the deductibility of their contributions.

Unless expressly agreed to in writing by Hearts to Homes, donations are treated as unrestricted funds and may be used to support our mission in the manner we determine appropriate. We may decline or redirect donor‑restricted gifts that are inconsistent with our mission or operational needs.

6. Intellectual Property

All content on the Site, including text, graphics, logos, images, audio, video, and software, is owned by Hearts to Homes or our licensors and is protected by U.S. and international intellectual property laws.

• You may view, download, or print materials from the Site for your personal, noncommercial use, provided you do not remove any copyright or other proprietary notices.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any content from the Site without our prior written permission, except as expressly allowed by law.
• Nothing in these Terms grants you any rights in the Hearts to Homes name, trademarks, service marks, or logos. Any use of our marks requires prior written permission.

7. User Content

If the Site allows you to submit or post content (such as comments, stories, photos, or other materials):

• You retain ownership of your content but grant Hearts to Homes a worldwide, perpetual, non-exclusive, irrevocable, sublicensable and royalty‑free license to use, reproduce, modify, publish, and display such content in connection with our mission and activities, in any media now known or later developed.
• You represent and warrant that you have all rights necessary to grant this license, and that your content does not infringe any third‑party rights or violate any law.
• We reserve the right, but not the obligation, to review, remove, or refuse to post any user content in our sole discretion.
• If you believe that content on the Site infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to asabia@heartstohomes.org. Your notice must include the information required by 17 U.S.C. § 512(c)(3).

8. Privacy and Data Protection

Your use of the Site is also governed by our privacy policy at heartstohomes.org/privacy-notice/  (“Privacy Policy”), which explains how we collect, use, and protect personal information and includes information about your rights and choices.

• By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.
• If you are located in the European Union, United Kingdom, or other jurisdiction with data protection laws including the General Data Protection Regulation (GDPR), the Privacy Policy includes additional information about your rights, legal bases for processing, and international data transfers.

Our Privacy Policy is incorporated into these Terms by reference.

9. Third‑Party Links and Services

The Site may contain links to third‑party websites, services, or resources that are not owned or controlled by Hearts to Homes (collectively, “Third-Party Services”). Hearts to Homes is not responsible for the acts, omissions, representations, or obligations of third‑party vendors, donation platforms, retailers, or service providers referenced on or linked from the Site, including the fulfillment of goods, delivery of services, or issuance of tax receipts by such third parties.

• Your use of Third-Party Services is governed by the terms and conditionss (including privacy policies) of those Third-Party Services, and not these Terms.
• We are not responsible for the content, privacy practices, or terms of use of Third-Party Services. You access and use such sites at your own risk.

10. Disclaimers

To the fullest extent permitted by law, the Site and all content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.

Hearts to Homes disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement.

We do not warrant that:

• The Site will be uninterrupted, secure, or error‑free.
• The information provided on the Site is complete, accurate, or current, although we strive to keep it updated.

11. Security; No Absolute Guarantee; Data Breach Notification

Hearts to Homes takes reasonable administrative, technical, and physical measures designed to protect the security of the Site and the information you provide. However, you acknowledge that no method of transmission over the Internet or method of electronic storage is completely secure, and Hearts to Homes does not guarantee absolute security of the Site or any data.

In the event of a data security incident involving personal information, Hearts to Homes will comply with all applicable laws, including the New York SHIELD Act, regarding investigation, mitigation, and notification. Additional information about how we handle security incidents and user notifications is described in our Privacy Policy, which is incorporated into these Terms.

You acknowledge that you provide information to the Site at your own risk and that Hearts to Homes is not responsible for the security of information transmitted over networks we do not control.

12. Limitation of Liability

To the fullest extent permitted by law:

• Hearts to Homes, its officers, directors, employees, volunteers, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of or inability to use the Site.
• Our total liability to you for any claim arising out of or relating to the Site or these Terms will not exceed the amount you paid to us through the Site in the twelve (12) months preceding the claim or $100, whichever is greater.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of the above limitations may not apply to you.

Hearts to Homes shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, telecommunications failures, cyberattacks, or the unavailability of third‑party services.

Hearts to Homes retains the right to seek injunctive or equitable relief to prevent or address actual or threatened misuse of its intellectual property, confidential information, or the Site.

13. Indemnification

You agree to indemnify, defend, and hold harmless Hearts to Homes, its officers, directors, employees, volunteers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use or misuse of the Site.
• Your violation of these Terms.
• Your violation of any rights of another person or entity.

14. Changes to the Site and these Terms

We may modify, suspend, or discontinue any part of the Site at any time without notice.

We may also update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of the Terms and, where required by law, provide additional notice. Your continued use of the Site following the posting of revised Terms constitutes acceptance of the changes.

15. Governing Law and Dispute Resolution

These Terms and your use of the Site are governed by the laws of the State of New York, without regard to its conflict of law principles, and by applicable federal law.

Any dispute arising under or relating to these Terms or the Site will be resolved:

• First, through good‑faith negotiations between you and Hearts to Homes; and
• If not resolved, through litigation exclusively in the state or federal courts located in Westchester County, New York, and you consent to the personal jurisdiction of such courts.

You and Hearts to Homes agree that any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

16. Survival

Upon termination, all provisions which by their nature should survive termination (including ownership provisions, warranty disclaimers, indemnity, and limitations of liability) will survive.